Gerald Amos v. Atlas Van Lines, Inc., et al.

Case Number
M2006-01360-WC-R3-WC

 This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employee, Gerald Amos, suffered a heart attack following a theft from his person while waiting at a truck stop for a scheduled pick-up. The trial court found the employee’s heart attack to be compensable and awarded benefits for permanent total disability. The trial court refused, however, to set off a portion of his social security benefits as provided in Tennessee Code Annotated section 50-6-207(4)(A)(i). The employer contends that the heart attack did not arise from or occur in the course of the employment. The employer also contends that the trial court erred by not setting off a portion of the employee’s social security old age benefits against the award. We affirm the trial court’s ruling on causation, but modify as to the set-off. Tenn. Code Ann. § 50-6-225(e) (Supp. 2006

Authoring Judge
Senior Judge Donald P. Harris
Originating Judge
Chancellor Jeffrey Bivens
Case Name
Gerald Amos v. Atlas Van Lines, Inc., et al.
Date Filed
Dissent or Concur
No
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